L'intervention du juge dans les transmissions de biens

Full Title:

L'intervention du juge dans les transmissions de biens
The interventions of judge into the transfer of properties

Author:

Théron, Julien

Statement of Responsibility:

Julien Théron. Préf. de Corinne Saint-Alary-Houin

Links:

• Table of contents

Series:

Bibliothèque de droit privé

Series Volume:

499

Language:

French

Description:

X, 474 p.

Summary:

The interventions of the judge into the transfer of properties are numerous in the French Law : licences, legalizations, injunctions, judicial transfer of companies, adjudications....

more...

Summary:

×

The interventions of the judge into the transfer of properties are numerous in the French Law : licences, legalizations, injunctions, judicial transfer of companies, adjudications. However, the grounds for these interventions are quite puzzling, as regards first the exclusive nature of the privileges of the owner, and secondly, the generally admitted role of the judge. Not only does he intervene into a field which is normally solely devolved on the will of the parties, but also, in a number of occurences by controlling or imposing like an administrator, nor does he make decisions in litigations. The understanding of the phenomenon is all the more obscured as there seems to be no link between the various manifestations of his presence. This study is demonstrating the necessary aspect of the presence of the judge in the matter of transfers. The owners are most definitely entitled to decide about the distribution of their properties, yet, this distribution may generate disputes. Like in any other field, the judge is here to decide about these disputes. He is entitled to re-establish the upset balance in the distribution of what is "owed to each". The consideration of the intervention of the judge to this end enables to determine his effective role in the action of transfer, and thus, to establish a classification of the transfers in which he intervenes. In all cases, when he does not participate in a transfer, the acquisition is not judicial. Such a classification is rich in practical lessons. The nature of the transfer being altered by the intervention of the judge only in judicial transfers, only these are submitted to derogations of the system of Law governing the presence of the judge. In all other cases, as the will of the judge does not get into the transfer, his intervention implies no modification of the usual system of Law.

Close

Publisher & Date:

Paris : L.G.D.J., 2008.

Date of Publication:

2008

Publisher:

L.G.D.J.

Classification:

FR 138.4.1

ISBN:

9782275033389